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Exam 40: Administrative Law

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Question 21

Multiple Choice

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Grid Tools & Hardware Company is subject to a decision by the Consumer Product Safety Commission.Opposed to the decision,Grid Tools wants a court to review it.First,however,the firm must​ 

A)  ​refuse to comply with the agency decision. 
B)  ​petition other interested parties to oppose the decision. 
C)  ​exhaust all possible administrative remedies. 
D)  ​publish its opposition in the Federal Register.

E) C) and D)
F) B) and D)

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Question 22

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The Department of Health and Human Services (HHS) was founded in 1980.All of the following subagencies are within HHS except​ 

A)  ​the Centers for Medicare and Medicaid Services. 
B)  ​the Food and Drug Administration. 
C)  ​the Internal Revenue Service. 
D)  ​the Centers for Disease Control.

E) All of the above
F) B) and C)

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Question 23

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The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate blogs,tweets,and Web sites.The first step is​ 

A federal administrative agency may exercise only those powers that Congress delegates to it. 

An agency can make rules that are as legally binding as laws passed by Congress. 

The judicial branch exercises control over administrative agencies through its review of agency actions. 

Executive agencies are NOT subject to the authority of the president. 

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in​ 

Federal executive agencies are outside the federal executive departments. 

Any party to a case may appeal the order of an administrative law judge to the board or commission that governs the agency.

The U.S.Mine Safety Administration conducts searches of certain businesses.This agency and other administrative agencies can conduct warrantless searches in​ 

Independent regulatory agencies such as the Federal Trade Commission are​ 

One function of an administrative agency is investigating activities regulated by the agency. 

Nursing Home Care Company is charged with violating a rule of the Social Security Administration.Most likely,Nursing Home Care will be required to appear at a hearing presided over by​ 

Therapeutic Pharmaceutical Company is subject to regulations issued by the Food and Drug Administration,which is a federal agency.These regulations are part of the body of​ 

The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request. 

During the rulemaking process,agencies conduct investigations to obtain information about a particular industry.After the final rules are issued,agencies conduct investigations​ 

The Internal Revenue Service (IRS) wants to seize certain documents of Monetary Propriety,Inc.Whether it is permissible for the IRS to request or seize the documents depends on whether the documents are 

A subpoena duces tecum is an order to an individual or organization to hand over certain records,papers,or books. 

The House of Representatives alone can create a new federal administrative agency.